Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 41

41 Communication etc. by natural parent with adopted child

(1) A person who, by reason of the adoption of a child, has ceased to be and is not the parent or guardian of the child--

(a) shall not take, lead, entice or decoy the child away, or detain the child, with intent to deprive the adopter or adopters of possession of the child; and
(b) shall not interfere in or influence the upbringing of the child, or the relationship of the child with the child's adopter or adopters; and
(c) shall not communicate with the child or with any other person who, to the knowledge of the person, is the adopter or 1 of the adopters of the child, except--
(i) with the approval of the chief executive first had and obtained; or
(ii) where the adopter or 1 of the adopters is a relative of the child; or
(iii) in accordance with part 4A.

(2) A person shall not attempt to contravene any provision of subsection (1).

(3) Where application is made to the chief executive for the chief executive's approval of a communication between a person referred to in subsection (1) and a child or an adopter of a child the chief executive shall not so approve unless the adopter or, where there are 2 adopters, both of them consent to the chief executive so approving.

(4) Where an application for the chief executive's approval of communication is made in relation to a child who immediately before the child's adoption was a special needs child, it is competent to the chief executive, subject to subsection (3)--

(a) to give the chief executive's approval to communication generally; or
(b) to give the chief executive's approval to communication restricted in such manner as the chief executive thinks fit.

(5) In this section--

communicate includes to make contact with by any means whatever or to be in the company of and communication shall be construed accordingly.



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